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More first-time Luzerne County offenders are applying for the Accelerated Rehabilitative Disposition (ARD) program attempting to get their charges erased from their record, county District Attorney Stefanie Salavantis said in her new annual report.
The county received 679 applicants for the program in 2018 — an increase of 60, Salavantis told county council in her report presentation last week.
Of those, 496 were approved and 47 applications are still pending, leaving 136 denials due to ineligibility determinations.
Salavantis said she wants to maximize use of the program because it allows her office to monitor offenders and, if warranted, help get them into treatment before charges are eligible to be expunged.
“We have been looking at different criteria to accept more individuals in the ARD program,” she told council.
Expanded eligibility
Drunken driving is typically associated with ARD and continues to be the offense of most program participants, but others have been added in recent years, said county First Assistant District Attorney Sam Sanguedolce, who oversees the program for the office.
As part of ARD expansion, the office now accepts offenders charged with possession of a small amount of marijuana and marijuana paraphernalia, he said, stressing no other controlled substance is permitted in ARD under possession or paraphernalia.
Prompted largely by the opioid epidemic, the office also has been considering theft for ARD on a case-by-case basis after reviewing the dollar amount stolen and the circumstances, he said. Often, the theft is tied to substance use disorder because the offenders needed money to feed their addiction, he said.
The office does not have plans to add other types of charges to ARD at this time, he said.
According to an explanation on the district attorney page at www.luzernecounty.org, ARD is “not by any means a ‘slap on the wrist.’” In addition to compliance with terms and conditions imposed by the district attorney or judge, participants must undergo enhanced probation and supervision, pay court and administrative costs and complete other requirements, it said.
Expungement of charges is not automatic, Sanguedolce said.
Offenders must file an expungement request petition and obtain approval from the district attorney’s office, which verifies all requirements were met and that no new charges have surfaced, he said.
Typically at least six months must pass before the district attorney’s office will consider signing off on an expungement, and that’s only in cases in which nobody was injured as a result of the offense, he said.
Drunken driving cases involving accidents that resulted in death or serious injury are not eligible for ARD, the website says. Defendants with a passenger under 14 in the vehicle at the time of the offense also are barred from program admission, it said.
The span to consider expungement is usually 12 or 18 months for the theft and marijuana offenses, he said, noting a drunken driving case also can be delayed to 12 months if the office concludes more monitoring is warranted.
Expunged charges are “forever gone” in publicly accessible criminal records, Sanguedolce said. However, district attorney’s offices keep and share ARD records with each other in case another criminal matter arises.
“By and large, the people who get that first break do learn their lesson,” he said. “I think it’s a good program and helping a lot of people.”
State law allows a reoffender to seek a second ARD if a crime-free decade has passed since the first expungement was granted. In rare circumstances, the office will agree to a second ARD if the defendant’s legal counsel presents a solid argument, he said.
“Under no circumstances would someone get another ARD within 10 years,” he said.
Marijuana viewpoints
Salavantis told council the ARD expansion means county prison beds are not used up by offenders due to small marijuana possession.
Under state law, possession of up to 30 grams (about an ounce) of marijuana is a misdemeanor carrying a maximum of 30 days in jail and $500 in fines.
Police in Wilkes-Barre and Hazleton have followed the path of some other cities by giving out summary citations for small marijuana possession, she said.
While stressing she respects the right of these departments to formulate their own approach, Salavantis said she prefers treating the offenses as misdemeanors eligible for ARD because it “holds people accountable” and still gives them a second chance.”
“I like the ARD process because if someone has an issue, we’re able to put them through certain treatment programs. We’re able to watch to see if they need any other treatment that may be available to them,” Salavantis told council.
Wilkes-Barre Police Chief Joseph Coffay could not be reached for comment on the topic.
Hazleton Police Chief Jerry Speziale said he supports citations for first-time small possession marijuana offenders because a misdemeanor appearing on their record at any point can prevent them from obtaining or keeping employment or getting into college.
“You box them out. You are creating a criminal when they have a record and putting them into this vicious cycle,” he said.
Citations also would prevent the county criminal justice system from getting overburdened with expungement filings if the state eventually legalizes recreational marijuana, he said.
Speziale added that he wholeheartedly supports Salavantis and her approach to criminally targeting the drug problem while seeking ways to help those battling substance use disorder. He described Salavantis as “one of the best prosecutors” he has worked with during his 38-year law enforcement career.